Clarke v. Crandall
New York Supreme Court
THIS is aa action, brought previous to the code, to recover damages for the non-delivery of a quantity of butter and cheese, pursuant to a written contract entered into between the parties, and bearing date August 18th, 1845. The case was first tried before a referee, who reported in favor of the plaintiff.
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THIS is aa action, brought previous to the code, to recover damages for the non-delivery of a quantity of butter and cheese, pursuant to a written contract entered into between the parties, and bearing date August 18th, 1845. The case was first tried before a referee, who reported in favor of the plaintiff. This report was set aside at a general term of the supreme ¡court in the sixth district, on the ground that the referee admitted parol evidence tending to vary the written agreement. The case will be found in 3 Barb. S. 0. Rep. 612. Opinion by Morehouse, justice. The cause was afterwards…
1Opinion of the Court
By the Court, Bacon, J.
This case is not a stranger to our courts, and what may be deemed a little remarkable, after having been twelve years upon its travels has come back again to the starting point, and is now just ready to take a new departure. It would be as unprofitable, as it is unnecessary, to "trace all its career in all the stages of its chequered history ; since the only point now presented is the sufficiency of the declaration; the defendant having demurred to the only two counts which are now before the court, notwithstanding the elaborate reasoning and the formidable array of…
2Cases cited8 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Moakley v. RiggsNew York Supreme Court · 1821
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Blood v. GoodrichNew York Supreme Court · 1832
- Traver v. HalstedNew York Supreme Court · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cohen v. KranzNew York Court of Appeals · 1963
- Smith v. JordanSupreme Court of Minnesota · 1868
- Samonds v. CloningerSupreme Court of North Carolina · 1925
- Samonds v. . CloningerSupreme Court of North Carolina · 1925
- McDougall v. ShoemakerAppellate Division of the Supreme Court of the State of New York · 1922
3 more not listed; retrieve them via the Exa API.